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The Code of Criminal Procedure, 1973 (CrPc)

Written By Easy Life on Wednesday, June 13, 2012 | 6/13/2012 06:26:00 PM


The Code of Criminal Procedure, 1973 (CrPc)


1. Short title, extent and commencement

(1) This Act may be called the Code of Criminal Procedure, 1973.

(2) It extends to the whole of India except the State of Jammu and Kashmir:

Provided that the provisions of this Code, other than those relating to Chapters VIII, X and XI thereof, shall not apply-

(a) to the State of Nagaland,

(b) to the tribal areas,

but the concerned State Government may , by notification apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification.

Explanation.- In this section, "tribal areas" means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong.

(3) It shall come into force on the 1st day of April, 1974.

The Code of Criminal Procedure, 1973 (CrPc)


2. Definitions.

In this Code, unless the context otherwise requires, -

(a) "bailable offence" means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force: and "non-bailable offence" means any other offence.

(b) "charge" includes any head of charge when the charge contains more heads than one:

(c) "cognizable offence" means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule or under and other law for the time being in force, arrest without warrant.

(d) "complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.

Explanation. A report made by a police officer in a case, which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaints and the police officer by whom such report is made shall be deemed to be the complainant;

(e) "High Court" means, -

(i) In relation to any State, the High Court for that State;

(ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has been extended by law, that High Court;

(iii) In relation to any other Union territory, the highest court of criminal appeal for that territory other than the Supreme Court of India;

(f) "India" means the territories to which this Code extends;

(g) "inquiry" means every inquiry, other than a trial, conducted under this Code by a Magistrate or court;

(h) "investigation" includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf,

(i) "judicial proceeding" includes any proceeding in the course of which evidence is or may be legally taken on oath;

(j) "local jurisdiction", in relation to a court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this code 1[and such local area may comprise the whole of the state, or any part of the State, as the State Government may, by notification, specify];

(k) "metropolitan area" means the area declared, or deemed to be declared, under section 8, to be a metropolitan area;

(l) "non-cognizable offence" means an offence for which, and "non-cognizable case" means a case in which, a police officer has no authority to arrest without warrant;

(m) "notification" means a notification published in the Official Gazette;

(n) "offence" means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871 (1 of 1871);

(o) "officer in charge of a police station" includes, when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when, the State Government so directs, any other police officer so present;

(p) "place" includes a house, building, tent, vehicle and vessel;

(q) "Pleader", when used with reference to any proceeding in any court, means a person authorized by or under any law for the time being in force, to practice in such court, and includes any other appointed with the permission of the court to act in such proceeding.

(r) "police report" means a report forwarded by a police officer to a magistrate under sub-section (2) of section 173;

(s) "Police report" means any post or place declared generally or specially by the state government, to be a police station, and includes any local area specified by the state government in this behalf;

(t) "prescribed" means prescribed by rules made under this code;

(u) "public prosecutor" means any person appointed under section 24, and includes any person acting under the directions of a public prosecutor.

(v) "sub-division" means a sub-division of a district;

(w) "summons-case" means relating to an offence, and not being a warrant-case;

2[(wa) "victim" means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or legal their;]

(x) "warrant-case" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years;

(y) words and expressions used herein and not defined but defined in the Indian penal code (45 of 1860) have the meanings respectively assigned to them in that code.

COMMENTS

(i) there is no particular format for a complaint. Nomenclature is also inconsequential. A petition addressed to the Magistrate containing an allegation that an offence has been committed, and ending with a prayer that the culprits be suitably dealt with, is a complaint; Mohd. Yousuf v. Afaq Jahan ; (2006) 1 SCC 627.

(ii) the expression “Judicial proceeding” defined in clause (i) of section 2 includes any proceeding in the course of which evidence is or may be legally taken on oath. The law does not prescribe any particular method of presentation of challan, namely, that it should be presented by any police official. When the challan was presented before the Court, who was acting as a Judicial Magistrate at that time, the first step in the judicial proceeding was sitting in judicial proceeding; Shrichand v. State of Madhya Pradesh , (1993) Cr LJ 495.

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1. Ins. by Act 45 of 1978, sec. 2 (w.e.f. 18-12-1978).

2. Ins. by Code of Criminal Procedure (Amendment) Act, 2008 (Act No. 5 of 2009, dt. 7.1.2009)
The Code of Criminal Procedure, 1973 (CrPc)


83. Attachment of property of person absconding.

(1) The court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person:

Provided that where at the time of the issue of the proclamation the court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued,--

(a) is about to dispose of the whole or any part of his property, or

(b) is about to remove the whole or any part of his property from the local jurisdiction of the court,

It may order the attachment simultaneously with the issue of the proclamation.

(2) Such order shall authorize the attachment of any property belonging to such person within the district in which it is made; and it shall authorize the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.

(3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made-

(a) by seizure; or

(b) by the appointment of a receiver; or

(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or

(d) by all or any two of such methods, as the court thinks fit.

(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the collector of' the district in which the land is situate, and in all other cases-

(a) by taking possessions or

(b) by the appointment of' a receiver; or

(c) by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed person or to any one on his behalf; or

(d) by all or any two of such methods, as the Court thinks fit.

(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the court.

(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908).

The Code of Criminal Procedure, 1973 (CrPc)


84. Claims and objections to attachment.

(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 83, within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under section 83, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part:

Provided that any claim preferred or objection made within the period allowed by this sub-section may, in the even of the death of the claimant or objector, be continued by his legal representative.

(2) Claims or objections under sub-section (1) may be preferred or made in the court by which the order of attachment is issued, or, if the claim or objection is in respect of property attached under an order endorsed under sub-section (2) of section 83, in the court of the Chief Judicial Magistrate of the district in which the attachment is made.

(3) Every such claim or objection shall be inquired into by the court in which it is preferred or made:

Provided that, if it is preferred or made in the court of a Chief judicial Magistrate, he may, make it over for disposal to any Magistrate subordinate to him.

(4) Any person whose claim or objection has been disallowed in whole or in part by an order under subsection (1) may, within a period of one year from the date of such order, institute a suit to establish the right which the claims in respect of the property in dispute; but subject to the result of such suit, if any, the order shall be conclusive.
The Code of Criminal Procedure, 1973 (CrPc)


85. Release, sale and restoration of attached property.

(1) If the proclaimed person appears within the time specified in the proclamation, the court shall make an order releasing the property from the attachment.

(2) If the proclaimed person does not appear within the time specified in the proclamation, the property under the attachment shall be at the disposal of the State Government; but it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under section 84 has been disposed of under that section; unless it is subject to speedy and natural decay, or the court considers that the sale would be for the benefit of the owner, in either of which cases the court may cause it to be sold whenever it thinks fit.

(3) If, within two years from the date of the attachment, any person whose property is or has been at the disposal of the State Government, under sub-section (2), appears voluntarily or is apprehended and brought before the court by whose order the property was attached, or the court to which such court is subordinate, and proves to the satisfaction of- such court that he did not abscond or conceal himself for the purpose of avoiding, execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property, or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property, shall, after satisfying there from all costs incurred in consequence of the attachment, be delivered to him.


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